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WILLS AND PROBATE RECORDS FOR FLOYD COUNTY INDIANA
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John
Smith's Will
December 20 1895I John Smith of Floyd County, Indiana do make and declare this to be my last will and testament.
First: I direct that my just debts and funeral expenses be paid.
Second: I give and devise to my daughter Martha A.. Smith, One Thousand Dollars.
Third: I will and devise to my children Mary Lizzie Minnick, Dixon P. Smith, Theodore Smith, Martha A. Smith, James H. Smith, Nancy J. Kingery, Marion D. Smith, Philip R. Smith and Rebecca P. Smith, each one-tenth of my estate, real, personal and mixed after the payment of the legacy mentioned in the second item, subject however to the payment of the following advancements made by me to them respectively to wit: Dixon P. Smith, One Hundred (100) Dollars; Theodore Smith Two Hundred (200) Dollars; James H. Smith One Hundred (100) Dollars; Martha A. Smith One Hundred (100) Dollars; Rebecca P. Smith One Hundred (100) Dollars; Nancy J. Kingery One Hundred (100) Dollars; Philip R. Smith One Hundred (100) Dollars; Mary Lizzie Minnick Two Hundred (200) Dollars, which sums will be deducted from their shares respectively.
Fourth: I will and devise to my son James H. Smith is trust for my daughter Julia E. Riley she being of unsound mind, and not capable of managing her own business, the other tenth (10th) part of my estate as aforesaid, with the promise however that if she, my said daughter Julia shall be fully restored to reason, then and in that event the said trustee shall surrender to her the full control of her said share, and she shall have and take the same absolutely. but should she die without recovering her reason, then and in that event, said trustee shall pay to Zora Riley, child of my said daughter Julia E. the sum of One Hundred (100) Dollars, When she arrives at the age of twenty-one years; and the balance of said trust shall go equally to my other nine children as aforesaid. But in no event shall my son-in-law the husband of my daughter, Julia E. Riley, have anything to do with any part of my estate, or of that so devised to his said wife. And I hereby authorize and empower my said son, James H. Smith, as such trustee, to take full control and management of, and to sell the interest devised to my said daughter Julia E., if he deems it advisable so to do. And to execute and deliver deed or deeds or other instruments of writing in the premises, without the intervention of any court.
Fifth: And I specially direct that should any of the legatees to my estate, under the will, attempt to set aside or break this my will, that the person or persons so doing shall take nothing whatever of my estate.
Sixth: I hereby nominate and appoint my sons Philip R. Smith and James H. Smith, executors of this my last will and testament, hereby revoking all wills by me heretofore made.
Witness my hand and seal this 20th day of December 1895
John Smith (seal)
Signed, sealed and acknowledged by the said John Smith, as his last will and testament in our presence.
and signed by him in our presence, and at his request and in the presence of each other.
William W. Tuley
Marion W. Smith
(this is one of my ancestors so if you are related I would love to hear from you)
Philip
Smith's Will
April 10 1871 Last Will and Testament of Philip Smith
I Philip Smith of the County of Floyd and State of Indiana, do make And publish this my last will and testament, hereby vacating all former wills by me at any time heretofore and do.
1st. I will and direct that all my just debts and funeral expenses be paid by my Executors out of the first money which shall come? to their hands out of my estate.
2nd. I will and bequeath to my beloved wife Rebecca Smith, all my household Kitchen furniture beds and holdings and one horse and two cows for her sole and only use.
3rd. I will and direct that my Executors sell all the residue of my personal property, at public auction on the times usual for the sale of personal property of decedent estates as early after my decease as practicable.
4th. I will and direct that my Executors sell at public auction or at private sale and on such time, as in their direction they may deem most advantagest to my Estate the following described real estate belonging to me situated in the County of Floyd and state of Indiana to wit: The tract of land described and recorded? as follows Beginning at Philip Smith's Conner stone in the dividing line of section twenty seven thence North 160 poles to a stone in the dividing line of section twenty 22 and 27 thence North 69 poles to a stone in the margin of Little Indiana Creek? thence west seven poles and seven? links to a conner stone; thence North 32 poles to a conner stone thence East five (5) poles to a conner stone; thence South? 62 poles and five links to a connor stone in the said 22' quarter section line joining Thomas? Smith land; thence east 53 poles and five links to a conner stone joining Matthew Gunn's land; Thence South 523? poles to a conner stone; Thence east to the place of beginning; said tract lying in Township 3 South of Range Five East estimated to contain one hundred acres, and being the same tract conveyed? to me by Thomas? S. Gunn and wife by deed being? dated, March 17" 1846 And also the North West Fourth of the South East quarter of Section twenty three in Township 3 south of Range five East containing forty acres and I direct that my Executors sell said real Estate above described at the earliest practicable period after my decease, and for the highest and best price or prices they can get and I hereby authorize and empower my said executors to execute the proper conveyance or conveyances to the purchaser or puchasers.
5th. I will and desire all the residue of my real Estate being the balance of the farm on which I now reside and supposed to contain two hundered acres and situated in said County of Floyd and State of Indian to my beloved wife Rebecca Smith to have and to hold the same and during the terms of her natural life; and at her death, I will and desire the same to my children Mary Ann Butler (wife of David Butler), John Smith, Eleanor Nance (wife of James H. Nance) Daniel A Smith, Lousia M. Mayers(wife of william H. Mayers) Margaret Smith and Philip A. Smith to be equally devided between them share and share alike.
6th. Having heretofore made advacements to my son Daniel A. Smith to the value of Eleven hundred and twenty-five dollars; and to my daughter Mary Ann Butler to the value of six hundred and sevnty five dollars and to my son John Smith to the value of one thousand dollars and to Eleanor Nance to the value of seven hundred dollars; and to Louisa M. Mayers to the value of Five hundred and ninty dollars; and to Margaret Smith the value of three hundred dollars, and to Philip A. Smith to the value of One Thousand Ninety dollars; and desiring to make all my said children alive named share in my estate equally and alike after the payment of my debts and the specific bequests herein made and provided for and for the purpose of accomplishing that end I will and bequeath to my daughter Mary Ann Butler, the sum of four hundred fifty dollars and to my son John Smith the sum of One Hundred and twenty five dollars and to my daughter Louisa M Mayes the sum of five hundred and thirty five dollars and to my daughter Margaret Smith the sum of eight hundred and twenty five dollars and to my son Philip A Smith the sum of thirty five dollars to be be paid to them respectful out of this first moneys which shall come to the hands of my Executors from the collection of debts due my Estate or from the sale of the real and personal property herein to a -fore directed to be sold, after having first paid all my just debts and funeral expense.
7th: I hereby will and bequeath to Lynda Ann Wiliams? former wife of my deceased son. Samuel S. Smith, deceased the sum of Ten dollars to be paid by my Executors out of any money which may come to their hands from my Estate, after the payment of my just debts funeral expenses and the bequeathes? herein before provided for.
8th. The advancement of the three hundred dollars made to my daughter Margaret Smith referred to in my item 6 of this will and in a note? signed? by William M Hatch and William R Smith and made payable to me and? I assigned to her; and as there is more - some doubt about the solvency of the makers of the note, I will and direct that in the event said sum of three hundred dollars is not paid to my said daughter within one year after my death my Executors shall pay to her my said daughter Margaret Smith the sum of three hundred dollar in money out of the proceeds of my Estate real and personal, said Margaret assigning to them for the benefit of my Estate, said note, or any judgment she may have obtained thereon.
9th. As? to? the residue of my estate including the proceeds? of sale of real and personal property herein before directed to be sold, not herein before disbursed? by this will, except the scholarship named? in? the? next? succeeding? item? of? the will?. I? will and bequeath the same to my said children Mary Ann Butler, John Smith, Eleanor Nance, Daniel A Smith, Louisa M Mayes, Margaret Smith and Philip A. Smith to equally divided amongst them share and share alike.
10th. I will and bequeath to Philip A. Smith my youngest son the scholarship which I have and held in the Indiana Ashley? University to him and his descendants according to the terms of said scholarship.
11th. I hereby appoint my beloved? sons John Smith and Philip A Smith, Executors of this my last will and testament.
In Witness hereof I have here on to set my
hand, seal this 10th day of April 1871
Philip Smith { SEAL )
(this
is one of my
ancestors so if you
are related I would love to hear from you)
MARTHA SMITH WILL
July 18, 1823
July 18, 1823
In the name of God Amen.
I being weak in body but of perfect mind and memory knowing that my days are coming near to end, feeling it to be my duty to set my hand in order that there should be nothing wanting.
I do hereby make and construct this my Last Will and Testament, hereby annulling all former will or wills whatever . I herein do appoint Charles Russell my faithful and beloved friend my Executor to do and perform all the duties of as Executor of my Estate.
First I request to be decently buried
Secondly that my negro girl Aimy should have her freedom at seventeen years of age & being fourteen the sixteenth of last month.
I give and bequeath to my Negro girl Aimy one feather bed and furniture. One cow and calf and one sheep with all my wearing apparel, household property, excepting one small kettle which I give and bequeath to my granddaughter Rachel Russell. Having herein disposed of my property. I do hereby disclose this to be my last Will .
Signed by me this Eighteenth of July year of our Lord Eighteen hundred twenty three.
Signed, Martha Smith
Signed in the presence of
Charles Russell & Patrick Shields
I Harvey Scribner clerk of the Circuit Court for the County of Floyd within the second Judicial Circuit in the State of Indiana do certify that Charles Russell & Patrick Shields subscribing witnesses to the foregoing last Will and Testament of Martha Smith deceased this day personally appeared before me and made oath that said Martha requested the said Patrick to subscribe her name thereto and that she acknowledged, published and declared the same to be her lat Will and Testament and that they believe she was in her proper sense. In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at New Albany in said County this the 25 day of April 1826
signed, Harvey Scribner, Clerk
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
Robert
LaFollette's Will
Oct 1866
Last Will And Testament of Robert Lafollette,dec&
I Robert Lafollette being of sound mind and dispoa?ing Memory. I make and Publish this my last will and Testament. here by revoking an and all former wills by me heretofore made.
1st
I will and desire that all my just debts and funeral Expense be first paid by any executor herein after named.
2nd
I will and desire all my estate both real and personal of which I may die seized and possessed to my beloved children that are living to wit. Joseph Lafollette, Isaac Lafollette, Rosella Hartman, David W. Lafollette, Malinda Smith and Francis M. Lofollette and to my Grand Children children of my dec& children. Elizabeth Nance, Susan Gunn and William Lafollette, to be divided equally among my children that are now living. And among any said grand children in the following proportions. each if any living children having before named shall be entitled to one ninth part of my estate and the children of Elizabeth Nance one ninth part thereof. the children of William Lafollette one ninth part thereof. and the children of Susan Gunn one ninth part thereof. to have and to hold the same unto them and their heirs and assigns forever. and in making said distribution It is not my will desire or intention that any advancements here to fore made by me to any of my children living or dead shall be charged to them as a claim against them and
in favor of my estates I hereby appoint my beloved son David W Lafollette the Executor of this my last will and testament, in testimony whereof I have here for to set my hand and seal this 1st day of
October A.D. 1866
his
Robert X Lafollette {Seal}
mark
Signed sealed published and declared by said Robert Lafollette, to be his last will and Testament in my presence
and in the presence of? Thomas? Quinn?, and in his presence and at his request. signed by Us this 1st day of
October 1866.
John A Payne
Thomas Quinn
State of Indiana Floyd Count, Sct
John A. Payne being duly sworn on Oath
Says that the forgoing last Will and testament of Robert Lafollette dec& was duly executed by said testator that at the time of executing the same he was entirely competent to devise his property. and was not under any undue influence or coercion whatsoever and that the same was subscribed by him said affiant and Thomas Quinn
(this is one of my ancestors so if you are related I would love to hear from you)
DAVID
SMITH WILL
date: May 9, 1906
date: May 9, 1906
This is my last Will and Testament, so help me God. In the year of our Lord May 9, Nineteen hundred and six.
I do hereby will and bequeath all my real and personal property to my wife Sarah A. Smith, during her natural lifetime, with the privilege of disposing of part pr with all of it at an advantage.
Second: After the death of my wife, Sarah A. Smith, what remains go to Daisy Jacques: Pear, Alvin, David A. and Dortha Smith share and share alike, excepting Daisy Jacques who has received One Hundred Dollars which must be deducted from her share.
I do hereby appoint my wife Sarah A. Smith executrix of this my last Will.
signed David Smith
witnessed by: Lewis H. Stone
and Joseph W. Nance
The State of Indiana, Floyd County
Be it remembered, That on the 21st day of may 1906 Joseph W. Nance one of the subscribing witnesses to the within and foregoing last Will and Testament of David Smith late of said County, deceased, personally appeared before the Floyd Circuit Court in the State of Indiana and being duly sworn by the Clerk of said Court upon his oath declared and testified as follows: that is to say that on the 9th day of May A.D. 1906 he saw the said David Smith sign his name to said instrument in writing, as and for his last Will and Testament, and that this deponent at the same time heard the said David Smith declare the said instrument in writing to be his last Will and Testament and that the said instrument in writing was at the same time, at the request of said David Smith and with his senses attested and subscribed by the said Joseph W. Nance and one Lewis H. Stone in the presence of the said Testator and in the presence of each other as subscribing witnesses thereto and the said David Smith was at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is more than twenty one year of age) and of sound mind and disposing mind and memory and not under any coercion or restraint as the said deponent verily believes and further deponent says not.
signed Joseph W. Nance
Sworn to and subscribed by the said Joseph W. Nance before me Charles B. Scott Clerk of said Floyd Circuit Court on the 31 st day of may 1906
IN ATTESTATION WHEREOF, I have hereunto subscribed my name and affixed the seal of said Court.
signed, Charles B. Scott
Clerk, Floyd Circuit Court
the state of Indiana, Floyd County
I. Charles B. Scott, Clerk of the Floyd Circuit Court, State of Indiana,do hereby certify that the within annexed last Will and Testament of ?David Smith has been duly admitted to probate and duly proved by the testimony of Joseph W. Nance one of the subscribing witnesses thereto, that a complete record of said will and the testimony of the said Joseph W. Nance in proof thereof has been by me duly made and recorded at pages 506 and 507 of the Record of Wills "F" of said County.
IN ATTESTATION WHEREOF: I have hereunto subscribed my name and affixed the seal of said Court at New Albany, this the 21st day of may 1906
signed Charles B. Scott,
Clerk, Floyd Circuit Court
State of Indiana county of Floyd
I, Charles B. Scott, Clerk of the Floyd Circuit Court within and for said County and State do hereby certify that I have compared the above and foregoing with the Original and that the same is full, true and complete record of the last Will and Testament of David Smith, deceased, together with the Certificate of probate thereto attached as the same appear on file in my office this 21st day of May 1906
signed Charles B. Scott. Clerk F.C.C.
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
REBECCA
RUSSELL, Deceased.
date: Aug. 22, 1872
date: Aug. 22, 1872
Know by all men by their presents that I Rebecca Russell being of sound mind and disposing mind, do hereby make and publish this as my last Will and Testament
1st: That all my funeral expenses shall be paid
2nd :That all my just debts and honest debts shall be paid
3rd: That my daughter Mary Williams shall be paid from my money remaining fifty dollars
4th:That my daughter Sylvana Stinson shall receive fifty dollars.
5th: That my daughter Minerva Washington shall receive fifty dollars.
6th: That my daughter Nancy Stinson shall receive fifty dollars.
7th: That my daughter Bell Codd shall receive fifty dollars
8th: And I will to my daughter Martha P. Russell all and every part of my property of which I may died possessed after the payment of the above sums.
In testimony whereof I have this 22nd day of August 1872 affixed my name and seal.
signed: Rebecca (X) Russell
this is to certify that we the undersigned witness were present at the making and signing of the within will of Rebecca Russell, and we in the presence of her and on the 22nd day of August 1872 in testimony that said will is in accordance with her desire.
signed: William Tripure
Gale Weaver
Charley (X) Rose
Codicil:
I Rebecca Russell hereby appoint my brother Gale Weaver as my executor of the within my
last Will and Testament
Witness my hand this 4th day of September 1872
signed, Rebecca Russell
Attest: William Tripure
Mary Jane Williams
The State of Indiana, Floyd County
Be it remembered that on the 20th day of February 1875 Gale Weaver, one of the subscribing witnesses to the within and foregoing lat Will and Testament of Rebecca Russell late of said county deceased, personally appeared before in open court to with the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the clerk of said court, upon his oath declared and testified, as follows. that is to say: that on the 22nd day of August 1872, he saw the said Rebecca Russell sign her name to said instrument in writing as and for her last Will and Testament, and that this deponent at the same time heard the said Rebecca Russell declare the said instrument in writing to be her last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Rebecca Russell and with her consent, attested and subscribed by the said Gale Weaver, William Tripure, and Charles Rose, in the presence of said Testator, and in the presence of each other as subscribing witnesses thereto, and that the said Rebecca Russell was at the time of the time of the signing and subscribing of the said instrument in writing, as aforesaid, of full age (that is more than twenty one years of age) and of sound and disposing mind and memory and not under any coercion or restraint, as the said deponents verify believes and further deponent says not.
signed: Gale Weaver
Sworn to and subscribed by the said Gale Weaver before me Benjamin F. Welker, clerk of said Floyd Circuit Court on the 20th day of February, 1875.
In Attestation whereof ,I have hereunto subscribed my name and affixed the seal of said Court
signed Benj. F. Welker ,Clerk
The State of Indiana, Floyd County
I Benjamin F. Welker of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last Will and Testament of Rebecca Russell has been duly admitted to probate, and duly proved by the testimony of Gale Weaver one of the subscribing witnesses thereto, that a complete record of said will and the testimony of the said Gale Weaver, in proof thereof has been by me duly made and recorded in Book of Wills at pages 417 & 418 of Record of Wills of said county.
In Attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court at New Albany this 20th day of February 1875
signed Benj. F. Welker
Floyd Circuit Court
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
SAMUEL
L. SMITH WILL
May 1, 1907
May 1, 1907
In the name of the Benevolent Father of all, I, Samuel L. Smith of Floyd county, Indiana, being in feeble health, but of sound and disposing mind and memory do make, publish, and declare this to be my last Will and Testament, hereby revoking all former wills by me made.
1. I desire that all my just debts, if any, be paid our of my estate.
2.I give and bequeath unto my beloved son, Torrence A. Smith, all my tools and fishing tackle, and my interest in a life policy on the life of my father, George W. Smith for Three thousands Dollars, he to pay the portion of the premiums on said policy as they shall become due.
3. I give, devise and bequeath the rest of my residue of my estate, real, personal and mixed unto my beloved wife, Lillie H. Smith in fee, simple and forever.
In testimony whereof, I have hereunto set my hand and seal this the first day of May 1907.
signed. S.L. Smith
the foregoing and annexed instrument was signed by the above named Samuel L. Smith as and for his last Will and Testament in our presence, and we, at his request, in his presence and in the presence of each other have signed the same as attesting witnesses on the day and year above written
signed, Alexander Hall
John B. James
The State of Indiana, Floyd County --Ss.
Be it remembered, that on the 17th day of June 1907, John B. James one of the subscribing witnesses to the within and foregoing last Will and Testament of Samuel L. Smith late of said County, deceased, personally appeared before the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the clerk of said Court, upon his oath declared and testified as follows: That is to say that on the last day of may A.D. 1907 he saw the said Samuel L. Smith sign his name to said instrument in writing as and for his last Will & Testament, and that this deponent at the same time heard the said Samuel L. Smith declare the said instrument in writing to be his last Will and Testament, and that the said instrument writing was as the same time and at the request of said Samuel L. Smith and with his consent, attested and subscribed by the said John B. James and one Alexander hall, in the presence of said testator and in the presence of each other as subscribing witnesses thereto, and that the said Samuel L. Smith was at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is more than twenty-one years of age) and of sound mind and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes and further deponent says not.
signed John B. James
Sworn to and subscribed by the said John B. James, before me, William F. Rueff, Clerk of said Floyd Circuit Court on the 17th day of June, 1907
In attest whereof, I have hereunto subscribed my name and affixed the seal of said Court.
signed William F. Rueff, Clerk F.C.C.
the State of Indiana, Floyd County, Se.
I, William F. Rueff, Clerk of the Floyd Circuit Court, state of Indiana, do here by certify that the within annexed last Will and Testament of Samuel L. Smith has been duly admitted to probate, and duly proved by the testimony of John B. James, one of the subscribing witnesses thereto, that a complete record of said will, and the testimony of the said John B. James in proof thereof has been by me duly made and recorded at pages 579 & 580 of the Records of Wills "F" of said County.
In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court at New Albany, this 17th day of June, 1907.
signed, William F. Rueff, Clerk F.C.C.
State of Indiana, county of Floyd --SS.
I, William F. Rueff, Clerk of the Floyd Circuit Court, within and for said County and state, do hereby certify that I have compared the above and foregoing with the original and that the same is a full, true and complete copy (together with the certificate of probate thereto attached) of the last Will and Testament of Samuel L. Smith, deceased, as the same appears on file in my office this 17th day of June, 1907
signed, William F. Rueff, Clerk F.C.C.
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
WILLIAM
SAMPSON'S WILL
I, William Sampson of the County of Floyd and State of Indiana being of sound mind though weak in body, do hereby make and ordain and establish this my last Will and Testament and do hereby void all former Wills at any time hereafter I made by me.
1st . I will, that first of all ,my funeral expenses be paid out of my personal effects.
2nd. I will, that my debts be paid out of the proceeds of my personal Estate as soon as the money is collected.
3rd. I will that my beloved wife Sarah A. Sampson after all my expenses and debts are paid have all the remainder of all my personal Estate, together with all the rents and projects arriving from all my Real Estate during her natural lifetime.
Written by me, and signed, sealed and delivered in presence of
dated the 8th day of July 1864. William Sampson
attest Peter M. Taylor & Simon P. Wolfe
I do hereby appoint General W. Daily my Executor, this will to remain inviolate
signed Wm. Sampson
State of Indiana, Floyd County sect.
Peter W. Taylor, being duly sworn on oath says, that the forgoing last Will and Testament of William Sampson, deceased, was duly executed by said testator, that at the time of executing the named ,he was certainly competent to devise his property and was not under any coercion or under influence whatever, and that the same was subscribed
by him said affiant, and Simon P. Wolfe as attesting witness in the presence of said testator in their presence, and furnished with not.
signed Peter W. Taylor
Subscribed and sworn to before me this 10th of August 1866
signed Wm. W. Tuley(?) Clerk
(Revenue Stamps $1.50 written on side of Will)
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
LAST
WILL & TESTAMENT
OF JACOB LAFOLLETT
I, Jacob La Follette of Floyd County, Indiana, do make, publish and declare this my last Will and Testament.
After my death I desire all my just debts and funeral expenses to be paid out of the proceeds of my estate.
During the lifetime of my wife I give and bequeath to her my entire Estate both real and personal, to be cultivated and used as at present and the profits to be divided between her and my son John under whose supervision and use of the business of the same is to be conducted,and I desire my son John to remain and take care of his mother during her lifetime.
I give and bequeath to my youngest son John, after the decease of my wife, that part of the section one, township four South of range five East in Floyd County, Indiana.
Known and described in patent of the United States to me, deeded March 9th 1831,number 1835: less 47-1/2 acres heretofore sold and conveyed by me to Gabriel Farnsley.
also three acres more or less , across the thicket in my South east corner field ___( can't read this word) included in the field and running a portion of the above described real estate, said real estate hereby given and bequeathed to said son John containing thirty-five and one half acres more or less.
After my death and the death of my wife I desire my son John the unanimous possession of all my real estate and to enjoy the profits and proceeds of the farm for one year, and all the horses, cattle, hogs and live stock also to remain and to under the care of said John for said period of one year. ___ with the wagons, ploughs and the farming utensils for same period.
After the expiration of said period of one year , after the decease of myself and my said wife. I desire my Executor to sell all the reserve (?) of my real estate, with the instructions hereafter mentioned, and divide and disburse the proceeds thereof arising as follows.
Two thirteenths to the heirs of my daughter Francis F. , two thirteenths to the heirs of my son Jeremiah D. two thirteenths to the heirs of my son Abram , two thirteenths to the heirs of my daughter Thedosia A. , two thirteenths to the children and heirs of my daughter Louisa W. two thirteenth to the heirs of my daughter Lucinda R. and two thirteenths to my son John .
And all my personal estate remaining I desire sold and the proceeds divided in the same manner proportion as the proceeds of my real estate set forth.
_______ ______ ______(three words here unable to read) in the city of New Albany, Indiana after the decease of myself and my wife, I desire my Executors to sell provided it can then be sold for the sum of ____ therein . I desire it to be leased or sold near the judgement of ____ and will be most advantageous to my estate.
I have made the following advancements to my children & in the distribution to their heirs above set forth. I wish the same to be taken into consideration and the proceeds divided accordingly.
To Louisa W. $300 (very hard to read), To Jeremiah D. $220,To Abram , John, Thedosia A. $200, To Lucinda $150, To Francis W. $170, To John T. $175.
I hereby appoint William W. Tuley and my son John T. LaFollette as my Executors to carry out the provisions of this last Will and Testament with the following instructions. So long as the afore mentioned legalities remain unmarried and in the their minority. I desire my said Executors to retain and keep the control that portion of the proceeds of my estate (nearby ?) belonging to them and to pay the same to them only when they marry, reach their majority or their necessities or circumstances in life, in the judgement of said Executor, would justify the payment of the same to them and under no circumstances shall Robert P. Sampson the present husband of my daughter Louisa W. have any control of that portion of my estate belonging to the children or heirs of said daughter Louisa W. .
Witness my hand and seal this 14th day of January A.D. 1861
signed ,Jacob (X) LaFollett
Signed sealed in our presence by Jacob LaFollett the above testator and by us in his presence and at his request the day above written.
Witness: R. M. Muir. and W.W. Tuley
State of Indiana Floyd County
Robert M. Wuir, Wm W. Tuley being duly sworn on oath say that the foregoing last Will and Testament of Jacob LaFollette late of said County devised and duly executed by said testator, that at the time of executing the same he was entirely competent to devise his property and was not under any coercion or under influence whatsoever and that the same was subscribed by them as attesting witness to said will in the presence and at the request by said testator in their presence and further say not.
Subscribed and sworn to before me the Clerk of the County Common Pleas of said County this the 19th day of August 1861. Making my hand and the seal of said court in and on the day last aforesaid.
signed, Salem P. Todd Clerk
State of Indiana, Floyd County
I, Salem P. Todd Clerk of the Court of Common Pleas of said county and state hereby notify that the purporting last Will and Testament of Jacob LaFollette late of said county, ____ & witness, they duly admitted the will to probate, that its _____ and duly proven by Robert M. Wuir and Wm. W. Tuley whose ___ by them with not___ ___ on this day entered on 175 and 176 pages of the record of Will mentioned.(?)
In ____ ____ I have here set my hand and affixed the seal of said Court of Common Pleas this day (no date could be read) of August 1861.
Salem P. Todd Clerk
I have transcribed this to the best of my ability. Bonnie Clark
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
ANNIE DEAN
Date: October 22, 1913
Date: October 22, 1913
In the name of God Amen,
I, Annie Dean, at this time a resident of Floyd County, Indiana, and being of sound mind and disposing memory, do make publish, and declare this to be my last Will and Testament, hereby revoking any and all wills by me at any time heretofore made.
Item 1. I desire that all my just debts and funeral expenses and expenses of my last illness, if any, shall be first paid out of my estate.
Item 2, I give and bequeath to my grandson Emit Cole, one promissory note for Two Hundred Dollars due Oct. 18, 1915, and executed to me by James H. Brock and Maud E. Brock on October 18,1913.
Item 3, I give and bequeath to my grandson Edward Cole one promissory note for Two Hundred Dollars, due October 18, 1916 and executed to me by James H.. Brock and Maud E. Brock, on October 18,1913.
Item 4, All the rest and residue of my estate real, and personal or mixed, I give, devise and bequeath to my daughter Alice Cole, to have and to hold to her for and during her natural life with the remainder to her three children, Emma Williams, Charles Cole, and Lula Marie Cole, share and share alike.
Witness my hand and seal at the city of New Albany, Floyd County, Indiana this 22nd day of October A.D. 1913.
Attest: John M. Paris signed, Annie (X) Dean
Signed, sealed, and declared by the said Annie Dean to be her last Will and Testament and signed by us as witnesses at her request, and in her presence, and in the presence of each other, at the time and place above mentioned.
signed, John M.Paris
James H. Brock
The State of Indiana, Floyd County}
Be it remembered: that on the 22nd day March, 1918 James H. Brock one of the subscribing witnesses to the within and foregoing last Will and Testament of Annie Dean late of said County, deceased, personally appeared before me the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon his oath declared and testified as follows: that is to say that on the 22nd day of October A.D. 1913, he saw Annie Dean sign her name to said instrument in writing as an for her last Will and Testament, and that this deponent at the same time heard the said Annie Dean, declare the said instrument in writing to be her last Will and Testament, and that the said instrument was at the same time, at the request of said Annie dean, and with her consent, attested and subscribed by the said James H. Brock and one John M. Paris, in the presence of the said testator, and in the presence of each other as subscribing witnesses thereto, and that the said Annie Dean, was at the time of the signing and subscribing of said instrument in writing, as aforesaid of full age (that is, more than twenty one yrs of age) and of sound mind and disposing mind and memory, and not under any coercion or restraint, as the said deponent verifly believes and further deponent says not.
signed, James H Brock
Sworn to and subscribed by the said James H. Brock before me, AAron V. Johnson, clerk of said Floyd Circuit Court on the 22nd day of March, 1918.
signed, AAron V. Johnson
Clerk, Floyd County Circuit Court
The State of Indiana, Floyd County,ss
I Aaron V.. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last Will and Testament of Annie Dean, has been duly admitted to probate, and duly proved by the testimony of James H. Brock, one of the subscribing witnesses thereto, that a complete record of said Will, and the testimony of said James H. Brock in proof thereof has been by me duly made and recorded at pages 358 and 359 of the Record of Wills "H".
In Attestation whereof: I have hereunto subscribed my name and affixed the seal of said court, at New Albany, this 22nd day of March 1918.
signed, AAron V. Johnson, Clerk
Floyd Circuit Court
State of Indiana, County of Floyd } ss.
I, Aaron V.. Johnson, Clerk of the Floyd Circuit Court within and for said County and state do hereby certify that I have compared the above and foregoing with the original and that the same is a full, true and correct record of the last Will and Testament of Annie Dean, deceased, together with the certificates thereto attached, as the same appears on file in my office this 25th day of March, 1918
signed, AAron V. Johnson, Clerk
Floyd Circuit Court
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
ANTON
F. SMITH WILL
Date:June 26, 1902
Date:
I, Anton F. Smith, of 125 West market Street in
the City of
Item 1. I direct that my just debts and funeral expenses be first paid out of my estate, by my executor hereinafter nominated.
Item 2: the residue of my property, real and personal and mixed, left after full compliance with item 1 of this Will , I now will, bequeath and devise unto my beloved brother Frank E. Smith, to have and to hold in fee simple absolute.In Testimony whereof, I have hereunto set my hand and seal this 26th day of June ,1902.
Signed: Anton F. Smith (seal)
Signed, sealed and executed by said testator as his last Will and Testament in our presence and signed by us at his request and in his presence and in the presence of each other as subscribing witnesses the day and year last above written.Signed, Charles D Kelse
Bertha L. Scott
The State of
That is to say that on the 26th day of June, A.D. 1902, he saw said Anton F. Smith, sign his name to said instrument, in writing as and for his Last Will and Testament, and that this deponent at the time heard the said Anton F. Smith declare the said instrument in writing was the sat the same time, at the request of said Anton F. Smith and with his consent, attested and subscribed by the said Charles D. Kelse and one Bertha L. Scott, in the presence of said testator and in the presence of each other as subscribing witnesses thereto, and that the said Anton F. Smith was at the time of the signing and subscribing of said instrument in writing and of sound mind and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes and further deponent says not.
<> Signed, Charles D. KelseSworn to and subscribed by the said Charles D. Kelse, before me William F.Rueff, Clerk of the Floyd Circuit Court on the 25th day of March , 1907.
In attestation whereof. I have hereunto subscribed my name and affixed the seal of said Court, at
(seal) signed, William F. Rueff, Clerk, F.C.C. State of
County
Signed, William F. Fueff, Clerk F.C.C
<>Anton F. Smith’s WillElection of Widow.
State of
County
Of Anton F. Smith, deceased.
Widows’ Election.
Comes, now Minnie B. Smith, surviving widow of Anton F. Smith, and now declares that she elects to abide by and confirm and ratify the will of said Anton F. Smith, which was duly probated by the Floyd Circuit Court, on the 26th day of March, 1907.
Witness the hand and seal of the said Minnie B. Smith, this 27th day of March , 1907
Signed, Minnie B. Smith (seal)
State ofBefore me, a notary public in and for said County and State on this 27th day of March, 1907, personally appeared Minnie B. Smith, widow of Anton F. Smith and acknowledged the execution of the above and foregoing election to be her voluntary act and deed.
Witness my hand and official seal.
(seal) signed, Martha L.. Scott, Notary Public
My commission expires
(transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
Election of Widower
State of Indiana, County of Floyd: ss
Whereas, heretofore to-wit, on this day five of March, 1907, the last Will and Testament of Laura J. Bentley, late of said Floyd County, deceased, was duly admitted to probate in the Floyd Circuit Court of and for said County, and was recorded in the Record of Wills of said Court in Volume F, pages 564, 565, and 566 thereof.
Now I, John P. Bentley, the widower of the said Laura j. Bentley, do hereby accept the provisions of said Will, and elect to take the real estate and personal property devised and bequeathed to me in and by said Will of my deceased wife, instead of the interest in the said real estate and personal property of my said wife, and testatrix which I would otherwise take as such a widower under the Statute of Decedents, or any other law of the State of Indiana.
Witness my name this 5th day of Apr. 1907
Signed: John B. Bentley.
State of Indiana: county of Floyd: ss
Before the undersigned, a notary in and for the said County and State, personally appeared the above named, John P. Bentley and acknowledged the execution of the foregoing instrument of election.
Witness my name and Notarial Seal this 5th day of April, 1907.
(SEAL) Anna Gifford, Notary Public, Floyd County, Indiana
(Seal): my commission expires May 10th, 1908
(Note in side lines) For Record of Will see page 546 of this book.)
IDA
MAY CALLAHAN WILL
Date: Apr.20,1916
Date: Apr.20,1916
I, Ida May Callahan, a resident of New Albany, Floyd County, Indiana, being of full age and sound mind and memory, do make publish and declare this to be my last Will and Testament.
Item 1. I direct that all my just debts and funeral expenses be paid out of the money derived from the insurance policy on my life.
Item 2. To my daughter, Vurlia Grace Callahan, I bequeath my piano, all the parlor furniture, all the family portraits, sewing machine, chiffonier, one set of bedding, all my fancy work and one-half of my silver ware.
Item 3. To my son Clifford Callahan, I bequeath my horse, wagon, and harness folding bed and bedding and one-half of my silver ware.
Item 4. To my husband, Hack Callahan, I bequeath the oak bedroom suit of furniture.
Item 5. The residue of my household furniture, kitchen utensils, etc. are to be equally divided between my said husband, son and daughter.
Item 6. I make, nominate and appoint my sister, Mary A. Ogden, to be the executrix of this my last Will and Testament, and I request that no bond be required of her as such. I further request that no inventory of my estate be made or taken in so far as the same may be lawfully omitted. I nominate and appoint Mrs. Mary A. Ogden to be the guardian of my said son, Clifford Callahan, and my said daughter, Vurlia Grace Callahan, in their respective minorities.
Dated at New Albany, Indiana, this 20th day of April 1916.
Signed, Ida Callahan.
Witnesses:
Mrs. Ida Sands & Miss. Birdie Knight.
The State of Indiana, Floyd County }ss.
Be it remembered, that on the 8th day of may 1916, Miss. Birdie Knight one of the subscribing witnesses to the within and foregoing last Will and Testament of Ida Callahan late of said County, deceased, personally appeared before the Floyd County Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon oath declared and testified as follows: That is to say that on the 20th day of April A.D. 1916, she saw the said Ida Callahan sign her name to said instrument in writing as and for her last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Ida Callahan and with her consent, attested and subscribed by the said Miss Birdie Knight and one Mrs. Ida Sands in the presence of the said testatrix, and in the presence of each other as subscribing witnesses thereto, and that the said Ida Callahan, was at the time of the signing and subscribing of the said instrument in writing, as aforesaid, of full age ( that is , more than twenty-one years of age) and of sound mind and disposing mind and memory, and not under any coercion pr restraint, as the said deponent verily believes and further deponent says not.
Signed: Miss Birdie Knight
Sworn to and subscribed by the said Miss Birdie Knight before me Aaron V. Johnson, Clerk of said Floyd Circuit Court on the 8th day of May 1916.
IN ATTESTION WHEREOF: I have hereunto subscribed my name and affixed the seal of said Court.
Aaron V. Johnson, Clerk Floyd Circuit Court.
(SEAL)
The State of Indiana, Floyd County: ss
I, Aaron V. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last Will and Testament of Ida Callahan has been duly admitted to probate, and duly proved by the testimony of Miss Birdie knight, one of the subscribing witnesses thereto, that a complete record of said will, and the testimony of said Miss Birdie knight, in proof thereof has been by me duly made and recorded at pages 157,158,159 of the Record of Wills “H” of said county.
IN ATTESTION WHEREOF: I have hereunto subscribed my name and affixed the seal of said Court, at new Albany, this the 8th day of may 1916.
Signed: Aaron V. Johnson, clerk Floyd Circuit Court.
(SEAL)
State of Indiana, County of Floyd}ss.
I Aaron v. Johnson, clerk of the Floyd Circuit Court within and for said County and State do hereby certify that I have compared the above and foregoing with the original and the same is a full, true and complete record of the last Will of Ida Callahan, deceased, together with the certificate of probate thereto attached as the same appears on file in my office this 8th day of May 1916.
Signed Aaron V. Johnson, Clerk, Floyd Circuit Court.
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
MARY
ANNA HASENSTAB’S WILL
Date : July 23,1909
Date : July 23,1909
I, Mary Anna Hasenstab at this time a resident of the City of New Albany, Floyd County Indiana and being of sound and disposing mind and memory do hereby make publish and declare this to be my last Will and Testament hereby revoking all former wills by me made.
Item 1: It is my desire that all my just debts and funeral expenses be paid and that fifty dollars be expended out of my estate for the purpose of purchasing a suitable monument for my grave and that the sum of $12.00 be paid to my cousin Herhard Brown which sum I now owe him.
Item 2: I hereby give and bequeath and devise to the Catholic Priest of St. Mary’s Catholic Church in the City of New Albany Indiana the sum of twenty-five dollars for which the said priest is to read Holy Masses for the repose of my soul.
Item 3: I give, bequeath and devise to my beloved daughter Francisca M. Coons all of my household furniture except the sewing machine provided she is a widow at the time of my death, should she be remarried at the time of my death then the said household furniture shall go to my general estate to be divided as hereinafter directed and the sewing machine I give to my beloved son Frank Hasenstab and to his wife Anabel.
Item 4. I hereby give, bequeath all the residue of my property both real and personal whersoever found share and share alike to my children Phillip G. Hasenstab, Michael Hasenstab, Leonard Hasenstab, Frank G. Hasenstab, Francisca M. Coons, Mary A. Stevens, and Theresa Ashenbranner and to my Grandson John Hasenstab, except that should I die before January 1st 1914 and my daughter Francisca M. Coons should at the time of my death still be a widow then my home at number 319 LaFayette Street in the City of New Albany Indiana shall be used by my said daughter Francisca M Coons as a home for herself and her family until the 1st day of January 1914 without paying any rent therefore and the said property shall thereafter be divided as above directed.
Item 5: I hereby nominate and appoint my beloved son Phillip G. Hasentab executor of this my last Will and Testament.
In witness whereof I have hereunto set my hand and seal at the City of New Albany Indiana this 23rd day of July 1909.
Signed Mary Anna Hasenstab
The above instrument was signed, sealed and acknowledged by the above named Mary Anna Hasenstab as and for her last will and Testament in our presence who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses thereto this 23rd day of July 1909.
Signed: Charles W. Schindler & Mae V. Erb.
I, Mary Anna Hasenstab of sound and disposing mind and memory and having heretofore executed my last Will and Testament bearing date July 23rd, 1909 do hereby make publish and declare this to be a codicil thereto.
Item 1: I hereby give and bequeath to my son Leonard Hasenstab my smoothing iron stand and also the large photograph of myself.
Item 2: I hereby give and bequeath to my daughter Francisca M. Coons the Benefits due me at my death from the Saint Ann’s Benefit Society such benefits known as death benefits.
Signed, Mary Anna Hasenstab (SEAL)
Signed, sealed and acknowledged by said Mary Ann Hasenstab as a codicil to her last Will and Testament in our presence who at her request and in her presence and in the presence of each to her have subscribed our names as witnesses as thereto this 20th day of November 1912.
Signed, Charles W. Schindler & Lillie H. Burd
The State of Indiana, Floyd County }ss
Be it remembered, That on the 5th day of April 1916, W.W. Schindler one of the subscribing witnesses to the within and foregoing last Will and Testament or Mary Anna Hasenstab late of said County, deceased, personally appeared before the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon oath declared and testified as follows:
That is to say that on the 23rd day of July A.D. 1909 he saw said Mary Anna Hasenstab sign her name to said instrument in writing to be her last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Mary Anna Hasenstab and with her consent, attested and subscribed by the said C.W. Schindler and one Mae V. Erb. In the presence of the said testatrix, and in the presence of each other as subscribing witnesses thereto and that the said Mary Anna Hasenstab was at the time of the signing and subscribing of the said instrument in writing, as aforesaid, of full age (that is more than twenty-one years of age), and of sound mind and disposing memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Signed, Charles W. Schindler
Sworn to and subscribed by the said C.W. Schindler before me, Aaron V. Johnson, Clerk of said Floyd Circuit Court on the 5th day of April 1916.
IN ATTESTATION WHEREOF: I have hereunto subscribed and affixed the seal of said Court
(SEAL) Aaron V. Johnson, clerk
Floyd Circuit Court
Sworn to and subscribed by the said C.W. Schindler before me, Aaron V. Johnson, Clerk of said Floyd Circuit Court on the 5th day of April 1916.
IN ATTESTATION WHEREOF: I have hereunto subscribed and affixed the seal of said Court
(SEAL) Aaron V. Johnson, clerk
Floyd Circuit Court
The State of Indiana, Floyd County }ss.
I, Aaron V. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last will and testament of Mary Anna Hasenstab has been duly admitted to probate, and duly proved by the testimony of C.W. Schindler one of the subscribing witnesses thereto, that a complete record of said will, and the testimony of the said C.W. Schindler in proof thereof has been by me duly made and recorded at pages 154,155,156 & 157 of the Record of Wills “H” of said County.
IN ATTESTATION WHEREOF: I have hereunto subscribed my name and affixed the seal of said Court, at New Albany, this 5th day of April 1916.
Signed: Aaron V. Johnson, Clerk Floyd Circuit Court.
(SEAL)
The State of Indiana, Floyd County }ss.
Be it remembered. That on the 5th day of Apr. 1916, C.W. Schindler one of the subscribing witnesses to the within and foregoing codicil to the last Will and Testament of Mary Anna Hasenstab late of said County, deceased, personally appeared before the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon his oath declared and testified as follows: that is to say that on the 20th day of November A.D. 1916, he saw said Mary Anna Hasenstab sign her name to said instrument in writing as and for a codicil to her last Will and Testament, and that this deponent at the same time heard the said Mary Anna Hasenstab declare the said instrument in writing to be a codicil to her last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Mary Anna Hasenstab and with her consent attested and subscribed by the said testatrix, and in the presence of each other as subscribing witnesses thereto, and that the said mary Anna Hasenstab was at the time of full age (that is to say more than twenty one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Signed, C.W. Schindler
Sworn to and subscribed by the said C.W. Schindler before me ,
Aaron V. Johnson, Clerk of said Floyd Circuit Court on the
5th day of April 1916.
In Attestation whereof, I have hereunto subscribed my name and
affixed the seal of said Court.
(SEAL) Signed, Aaron V. Johnson, Clerk Floyd Circuit Court
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
HENRY OLESLAGER WILL
Date; June 15, 1915
Date; June 15, 1915
I, Henry Oleslager, of the City of New Albany, County of Floyd and State of Indiana, being of sound mind and disposing memory, do make and declare what follows to be my last Will and Testament.
Item 1. I direct my Executrix hereinafter named, to pay in full my just debts which I may owe at the time of my death.
Item 2. All my property, real, personal and mixed of whatever description and wherever situate, I give, devise and bequeath unto my beloved wife Catherine Oleslager in fee simple absolutely and forever.
Item 3. I nominate my said wife, Catherine Oleslager as the Executrix of this will, and request that she be permitted to serve as such without giving any bond.
IN TESTIMONY WHEREOF: I have hereunto set my hand and seal, at New Albany, Indiana, this 15th day of June 1915.
Signed, Henry Oleslager (SEAL)
Signed by the said Henry Oleslager in our presence and by him declared to be his last Will and Testament, and at his request, in his presence, and the presence of each other, we hereunto subscribe our names as attesting witnesses this the ___day of June 1915.
Signed, Wm. H. Stalker & Ollie Owens
THE STATE OF INDIANA, FLOYD COUNTY}ss.
Be it remembered, that on this day the 18th day of May 1916, Ollie Owens one of the subscribing witnesses to the within and foregoing last Will and Testament of Henry Oleslager late of said county, deceased, personally appeared before the Floyd Circuit Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon his oath declared and testified as follows:
That is to say that on the 15th day of June A.D. 1915, he saw said Henry Oleslager sign his name to said instrument in writing as and for his lat Will and testament, and that this deponent at the same time heard the said Henry Oleslager declare the said instrument in writing to be his last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Henry Oleslager and with his consent, attested and subscribed by the said Ollie Owens and one Wm. H. Stalker in the presence of the said testator, and in the presence of each other as subscribing witnesses thereto, and that the said Henry Oleslager, was at the time of the signing and subscribing of the said instrument in writing, as aforesaid, of full age (that is , more than twenty-one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not. Signed, Ollie Owens
Sworn to and subscribed by the said Ollie Owens
Before me, Aaron V. Johnson, Clerk of said
Floyd Circuit Court on the 18th day of may 1916.
IN ATTESTATION whereof: I have hereunto subscribed
my name and affixed the seal of said Court.
Signed. Aaron V. Johnson, Clerk Floyd Circuit Court.
(SEAL)
The State of Indiana, Floyd County }ss.
I Aaron V. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed lat Will and Testament of Henry Oleslager has been duly admitted to probate, and duly proved by the testimony of Ollie Owens one of the subscribing witnesses thereto, that a complete record of said will, and the testimony of the said Ollie Owens in proof thereof has been by me duly made and recorded at pages 160 & 161, of the Record of Wills “H” of said County.
IN ATTESTATION WHEREOF: I have hereunto subscribed my
name and affixed the seal of said Court, at New Albany, this 18th
day of May 1916.
Signed, Aaron V. Johnson, Clerk Floyd Circuit Court
State of Indiana, County of Floyd }ss
I, Aaron V. Johnson, Clerk of the Floyd Circuit Court within and for said County and state do hereby certify that I have compared the above and foregoing with the original and the same is a full, true and complete record of the last Will and Testament of Henry Oleslager, deceased, together with his certificate of probate thereto attached as the same appears on film in my office this 18th day of May 1916.
Signed, Aaron V. Johnson, Clerk, Floyd Circuit Court.
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
ADAM
EBERLE’S WILL
Date; May 19, 1916
Date; May 19, 1916
I, Adam Eberle of Floyd County, State of Indiana being of sound mind and memory, hereby make, publish and declare this to be my last Will and Testament, hereby revoking and making void all wills and testaments by me heretofore at any time made.
1. I order and direct my Executrix as soon after my decease to pay off and discharge all debts dues and liabilities that may exist against me at the time of my decease.
2. I will and bequeath to my sons and daughters Elizabeth Kelly, Frank Eberle, Adam Eberle and Lena Eberle the sum of fifteen ($15.00) dollars each.
3. The residue of my estate, real and personal I bequeath to my wife Catherine Eberle.
4. I nominate and appoint my wife Catherine Eberle as Executrix of this my last Will and Testament.
Signed: Adam Eberle
In witness whereof I have hereunto subscribed my name this 19th day of May 1916.
The above and foregoing instrument of writing was at the date thereof signed, sealed published and declared by the said Adam Eberle as his last Will and Testament in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses.
Signed: Jos. T. Bennefeld, P.O. Sellerburg, Ind
P.J. Meyer, Sellersburg, Ind.
The State of Indiana, Floyd County}ss.
Be it remembered, that on the 13thd ay of June, 1916. P.J. Meyer one of the subscribing witnesses to the within and foregoing last Will and Testament of Adam Eberle late of said county, deceased, personally appeared before the Floyd Circuit Court in the State of Indiana, and being duly sworn by the Clerk of said Court his oath declared and testified as follows, that is to say that on the 19th day of may 1916, he saw the said Adam Eberle, sign his name to the said instrument in writing as and for his last Will and Testament, and that this deponent at the same time heard the said Adam Eberle declare the said instrument in writing was at the same time at the request of said Adam Eberle and with his consent, attested and subscribed by the said P.J. Meyer and one Jos. T. Bennefeld in the presence of the said testator and in the presence of each other as subscribing witnesses thereto and that the said Adam Eberle was at the time of the signing and subscribing of the said instrument in writing as aforesaid, of full age (that is more than twenty-one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Signed, P. J. Meyer
Sworn to and subscribed by the said P.J. Meyer before me, Aaron V. Johnson, Clerk of said Floyd County circuit on the 13th day of June 1916
In attestation whereof: I have hereunto subscribed my name and affixed the seal of said Court.
(seal) Signed, Aaron V. Johnson, Clerk, F.C.C.
The State of Indiana, Floyd County, }ss.
I, Aaron v. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last Will and Testament of Adam Eberle, has been duly admitted to probate, and duly proved by the testimony of P.J. Meyer one of the subscribing witnesses thereto, that a complete record of said will and testimony of the said P.J. Meyer in proof thereof has been by me duly made and recorded at pages 170 & 171 of the record of Wills “H”: of said county,
Signed Aaron V. Johnson Clerk F.C.C.
State of Indiana, Floyd County }ss.
I, Aaron V. Johnson of the Floyd Circuit Court within and for said County and State do hereby certify that I have compared the above and foregoing with the original and the same is a fiu8ll, true and complete record of the last Will Adam Eberle, deceased, together with the certificate of probate thereto attached as the same appears on file in my office this 13th day of June 1916.
Signed, Aaron V. Johnson, Clerk
Floyd Circuit Court.
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
MARY
U. IRION’S WILL
Date; Apr.7, 1914
Date; Apr.7, 1914
In the name of the Benevolent Father of All, I Mary U. Irion, of New Albany, Floyd County, Indiana, being of sound and disposing mind and memory, do make, publish and declare this to be my last Will and Testament.
Item 1. I desire that all my just debts be paid out of my estate, including my funeral expenses.
Item 2. I give, devise and bequeath, the rest, residue and remainder of my estate, real and personal, to my husband, John Irion, for and during the period of his natural life, or so long as he shall remain my widower.
Item 3. I give and bequeath to Christine E. Roth, my daughter, the sum of Fifty Dollars after the determination of my said husbands estate.
Item 4. I give and bequeath to my grandchildren Leo Irion, and Viola Irion, children of John W, Irion, my deceased son, after the determination of my said husband’s estate, each the sum of Twenty-five Dollars.
Item 5. After the determination of my said husband’s estate, I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to my three children, Anna M. Irion, Rosa M. Irion, and William M. Irion, in fee and simple and forever, share and share alike.
In case of the death of one or two of my children named as residuary devisees and legatees in item 5th of my Will, should die without issue, then the portion of said decedent or decedents shall go to the survivor or survivors of said residuary legatees and devisees in item 5th of this Will mentioned.
In Testimony whereof I have hereunto set my hand and seal this 7th day of Apr. 1914
Signed, Mary U. Irion (SEAL)
The above named testatrix signed the foregoing instrument as her last Will in our presence, and we at her request, in her presence and in the presence of each other signed the same as attesting witnesses on the day and year above written.
Signed, Josephine Blankenbaker
John B. James
The State of Indiana, Floyd County }ss.
Be it remembered, that on the 22nd day of May 1916, John B. James, one of the subscribing witnesses to the within and foregoing last Will and Testament of Mary U. Irion, late of said County, deceased, personally appeared before the Floyd County Circuit Court, in the State of Indiana, and being duly sworn by the Clerk of said Court upon his oath declared and testified as follows:
That is to say that on the 7th day of Apr. A.D. 1914, he saw the said Mary U. Irion sign her name to said instrument in writing as and for her last Will and Testament, and that this deponent at the same time heard the said Mary U. Irion declare the said instrument in writing to be her last Will and Testament, and that the said instrument in writing was at the same time, at the request of said Mary U., Irion, and with her consent, attested and subscribed by the said John B. James and one Josephine Blankenbaker in the presence of the said testatrix, and in the presence of each other as subscribing witnesses thereto, and that the said Mary U. Irion was at the time of the signing and subscribing of the said instrument in writing, as aforesaid, of full age ( that is, more than twenty one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Signed, John B. James
Sworn to and authorized by the said John B. James before me, Aaron V. Johnson, Clerk of said Floyd Circuit Court on the 22nd day of May 1916
In Attestation Whereof: I have hereunto subscribed my name and affixed the seal of said Court.
(SEAL) Signed, Aaron V. Johnson, Clerk,
Floyd Circuit Court
The State of Indiana, Floyd County }ss.
I, Aaron V. Johnson, Clerk of the Floyd Circuit Court, State of Indiana, do hereby certify that the within annexed last Will and Testament of Mary U. Irion, has been duly admitted to probate, and duly proved by the testimony of John B. James, one of the subscribing witnesses thereto, that a complete record of said Will, and the testimony of the said John B. James in proof thereof has been by me duly made and recorded at pages 166 & 167 of the Record of Wills ”H” of said county.
In Attestation Whereof.: I have hereunto subscribed my name and affixed the seal of said Court, at New Albany, this 22nd day of May 1916.
(SEAL) Signed, Aaron V. Johnson,
Clerk Floyd Circuit Court
State of Indiana, Floyd County }ss.
I, Aaron V. Johnson, Clerk of the Floyd Circuit Court within and for said County and state do hereby certify that I have compared the above and foregoing with the original and the same is a full, try and complete record of the last Will of Mary U. Irion, deceased, together with the certificate of probate thereto attached as the same appears on file in my office this 22nd day of May 1916.
(SEAL) Signed, Aaron V. John, Clerk
Floyd Circuit Court
(transcribed and contributed by Bonnie Clark clarkbar@bbtel.com)
SUSANNAH
KELLER WILL
Date: May 6, 1915
Date: May 6, 1915
In the Name of the Benevolent Father of All, I, Susannah Keller of Georgetown, Floyd County Indiana, do hereby make this my last Will and Testament.
1. I desire first that all my just debts and my funeral expenses be paid.
2. I bequeath to my grandchildren, children of my son David B. Keller viz: Henrietta, Lucille, John, Charles, Illene, Mildred, Murry, Claudia, Brisco one ($1.00) dollar each. This amount I will not because of any ill feeling but because of having helped them as a family in financial ways at previous times.
3. The remainder of my estate both personal and real I bequeath to my son Isaac R. Keller and my daughter Eliza Ann Engleman, they to share and share alike.
4. In the case of the death of either my son Isaac R. Keller or my daughter Eliza Ann Engleman I desire that part of my estate belonging to him or her shall go to the children of said son or daughter.
5. I appoint my son Isaac R. Keller executor without bond to this my last Will and Testament .
In witness whereof I hereby affix my seal and subscribe my name this 6th day of May 1915.
Signed, Susannah Keller
Witness, W. Alexander Smith
Birdie La Follette
The State of Indiana, Floyd county }ss.
Be it remembered, That on the 19th day of May 1916 Birdie La Follette one of the subscribing witnesses to the within and foregoing last Will and Testament of Susannah Keller late of said County, deceased, personally appeared before the Floyd Circuit Court, in the state of Indiana, and being duly sworn buy the Clerk of said Court upon her oath declared and testified as follows: That is to say that on the 6th day of May A.D. 1915, she saw the said Susannah Keller sign her name to said instrument in writing as and for her last Will and Testament, and that this deponent at the time heard the said Susannah Keller declare the said instrument in writing was at the same time, at the request of said Susannah Keller and with her consent, attested and subscribed by the said Birdie La Follette and one W. Alexander Smith in the presence of said testatrix, and in the presence of each other as subscribing witnesses thereto, that the said Susannah Keller was at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age ( that is more than twenty-one years of age)and of sound mind and disposing memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Signed, Birdie LaFollette
Sworn to and authorized by the said Birdie Lafollette before me, Aaron V. Johnson, Clerk of said Floyd Circuit Court, on the 19th day of May 1916.
In Attestation Whereof: I have hereunto subscribed my name and affixed the seal of said Court.
Signed, Aaron V. John, Clerk
Floyd Circuit Clerk
(SEAL)
THE State of Indiana, Floyd County }ss.
I, Aaron V. Johnson, Clerk of Floyd Circuit Court, state of Indiana, do hereby certify that the within annexed last Will and Testament of Susannah Keller has been duly admitted to probate, and duly proved by the testimony of Birdie LaFollette, one of the subscribing witnesses thereto, that a complete record of said Will, and the testimony of the said Birdie Lafollette, in proof thereof has been by me duly made and recorded at pages 162 & 163 of the Record of Wills “H” of said County.
In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court, at New Albany, this 19th day of May 1916.
Signed, Aaron V. John, Clerk
Floyd County Circuit Court
(SEAL)
State of Indiana, Floyd County }ss.
I, Aaron V. Johnson, Clerk of the Floyd County Circuit Court, within and for said County and State of Indiana, do hereby certify that I have compared the above and foregoing with the original and the same is a full, true and complete record of the last Will of Susannah Keller, deceased, together with the certificates of probate there to attached as the same appears on file in my office this 19th day of May 19